ZOOMLION GHANA LTD v. MERSKWORLD CO. LTD

R U L I N G

ANIN-YEBOAH JSC:

The applicant herein has invoked our jurisdiction under Article 134(b) of the 1992 Constitution to reverse the ruling of our brother Akamba JSC who exercised the jurisdiction of this court as a single justice by virtue of Article 134(a) of the same Constitution.

To appreciate the basis for this application, a brief summary of the facts culminating in this ruling would suffice.

FACTS

On the 1/08/2013, the respondent herein filed a motion before this court headed as follows:

“MOTION ON NOTICE FOR AN INTERIM INJUNCTION OR SUSPENSION OF THE ENFORCEMENT OF JUDGMENT”

As expected in matters in execution of judgments, the application was opposed by the applicant herein. The basis for the application was that the applicant herein in a High Court [Land Division, Accra] suit intituled: SUIT NO. IRL/167/2010: ZOOMLION GHANA LIMITED v MERSKWORLD GHANA LIMITED, was on the 9/04/2013 adjudged by the said High Court to recover various sums of money from the respondent herein. The respondent lodged an appeal against the judgment at the Court of Appeal, Accra. It appeared that on 24/04/2013, the High Court was by a motion invited to stay execution of its judgment. The court dismissed the application and therefore paved way for execution to proceed. Not satisfied with the order of the High Court, the respondent herein repeated the application for stay of execution at the Court of Appeal, Accra. On 20/05/2013, the Court of Appeal granted the motion for stay of execution in the following terms:

“BY COURT: This application for stay of execution of GH¢17,581,010 of damages is granted in the following terms:

(1) The plaintiff/Appellant/Applicant shall vacate the land fill site at Sawbah forthwith if has not done so yet.

(2) The Plaintiff/Appellant/Applicant shall pay into court 50% of the judgment debt pending the final determination of the appeal. This payment shall be made within 30 days from the date hereof.

(3) The sum paid shall be invested by the Registrar in a good interest yielding investment.

(4) Failing the payment into court, this order of stay will be deemed vacated.”

The respondent herein felt aggrieved by the orders of the Court of Appeal as it considered the orders as onerous and therefore lodged an appeal to this court on several grounds to set aside the ruling of the Court of Appeal, especially the order for payment of 50% of the judgment debt of GH¢17,588,010 into court within thirty days.

It must be made abundantly cl